Chapter 1
Why I Wrote This Book

Knowledge is Power

In this book I attempt to help immigrants to navigate the maze of rules and regulations they encounter when they approach the U.S. welfare system.

My primary motivation for writing this book is to put information in the hands of those who need it. According to Marcia Meyers

The first form of help that low-income individuals need is information. Learning about the benefits for which they may be eligible turns out to be a surprisingly difficult hurdle for many. Information generally available is both inaccurate and inadequate. Although low-income individuals are often portrayed as knowledgeable and savvy consumers of welfare services, research reveals that their information is often both limited and inaccurate. (“How Welfare offices Undermine Welfare Reform,” The American Prospect vol. 11 no.15, June 19, 2000 – July 3, 2000.)

Moreover, the welfare system has become more complex in recent years. Myers puts it well:

The welfare rights movement of the 1970’s forced local welfare systems to operate with greater uniformity and due process protections for clients. With the welfare reforms of the 1990s, Congress revised this nascent trend toward uniformity by devolving control over welfare eligibility rules and procedures to the states. In their zeal to reduce welfare caseloads and cost, many states have used these new rules to impose more complex eligibility tests for welfare. As a result, in many parts of the country, getting welfare has become even more difficult and unpleasant than it used to be.

My work has been mostly with the Indian community, and the examples given are taken from my experience. However, all immigrants are in the same boat and, I hope, will benefit from reading this book.

The Impact of Immigrant Legislation

Some Acts of Congress have had a big impact on immigrants and have added to the complexity of understanding and applying for welfare benefits. One purpose of this book is to make these complicated rules clear. The acts, and a brief summary of their impact, are given below and explained in more detail in Chapter 3.

• The Welfare Reform Act of 1996, restricted access of documented immigrants to a wide range of government welfare programs (such as SSI) that they were eligible for before passage of the Act.

• The Immigration Act of 1996, changed the deeming period for immigrants from 3 to 5 years, and made the affidavit of support a legally binding document.

• The Balanced Budget Act of 1997. Some provisions of this act made it possible for certain disabled immigrants to obtain SSI benefits (and note that most elderly people are easily certified as disabled).

In this book, you will often find different rules are explained for two groups of people demarcated by passage of the Welfare Reform Act on August 22, 1996:

• Pre-8/22/96 entrants, meaning those who arrived in the U.S. before passage of the Welfare Reform Act.

• Post-8/22/96 entrants, meaning those who arrived in the U.S. after passage of the Welfare Reform Act.

This is covered in more detail in Chapter 3.

Financial Advice

Because of a provision in the Balanced Budget Act, I can give you guidance in financial matters without criminal liability. (The provision did not cover those who charged a fee for advice, but later they were also enabled to give guidance without liability).

Thus I can provide information in this book to help you to understand the welfare rules about, for example, bringing your modest assets into line with eligibility requirements by “spending down” on necessities; exactly what is meant by contributing a “pro rata share” of household expenses if you live in someone else’s home, and other provisions and limits that are hard to figure out because the rules are complex.

My Advice: Honesty—The Best Policy

A message sent through this book always runs the risk of misrepresentation. Telling the truth is ultimately the simplest way to handle something. There may still be consequences, but they won’t be about maintaining a fictitious reality or about losing self-respect because one has lied to get away with something. In the short term it may be hard to be honest and to conquer fears of confronting the truth, but it is worth overcoming this discomfort to be able to live a life of peace, integrity and honesty.

My intention is to help those in need to get the welfare benefits for which they are in fact eligible, not to help cheaters. The rules presented in this book are available in government literature and in many excellent government web sites. You may drown in the wealth of information available and not know what is pertinent to your situation. In this book, I highlight some information that I have found especially useful in my vocation as a social worker for (mostly) elderly Indian immigrants.

REMEMBER, WHILE DEALING WITH THE SOCIAL SECURITY AND WELFARE AGENCY, ALWAYS SPEAK THE TRUTH.

What’s in This Book

Books on Welfare eligibility for disabled and elderly people have been written in so many forms and with such minute analysis, that one more book on the subject is a sheer exercise in futility. However, the proof of the puddings lies in the eating.

Though immigrants residing in states other than California need equal assistance, it is difficult for me to be helpful to them because welfare rules differ from state to state and at times from county to county. However the general guidance provided in this book applies to all states, and the California-specific information is identified.

During my work with the disabled and elderly I find many of them not aware of their rights and responsibilities. I hope this book provides them with pertinent information and guidance.

• Chapter 1, Why I Wrote This Book (this chapter), provides an overview to the book and its purpose.

• Chapter 2, Welfare in the United States, is more philosophical in nature than other chapters and gives you my view of the state of welfare in the U.S.

• Chapter 3, Highlights for Immigrants, may be the single most important chapter in the book, because it summarizes limitations on immigrants’ eligibility for various welfare programs.

• Chapter 4, More Important Highlights, summarizes some important points that any welfare applicant or recipient must be aware of to avoid pitfalls.

• Chapter 5, A Summary of Social Insurance Benefits, and Chapter 6, A Summary of Public Assistance Benefits provide an overview of the main social insurance and welfare programs in the U.S.

• Chapter 7, SSI Rules, delves into SSI eligibility rules in some detail.

• Chapter 8, Medicare and Medi-Cal Rules, covers Medicare and Medi-Cal rules in some detail. Make sure you have medical insurance. There is no reason any elderly person should not have coverage. This chapter covers many programs, with different income and resource and immigrant status eligibility rules.

• Chapter 9, Frequently Asked Questions, presents a selection of commonly asked questions and answers derived from my experiences assisting immigrants in the Asian Indian community. You may find it particularly useful to browse these questions, looking for those that address concerns similar to your own.

• Chapter 10, Reference Cases, provides references to different kinds of legal cases, which can be cited and may be of use if you are in a similar situation.

• Chapter 11, States Other Than California, summarizes the welfare situation in states other than California, which is where most of my experience is based.

On-line Resources

Various government web sites are noted as on-line resources throughout the book. They are shown like this:

• Go to www.somewebsitename.org for some helpful information.

If You Are Not Familiar With Computers

Even if you are not familiar with using a computer and do not have access to a computer at home, you can access the wealth of information available on the Internet at most libraries. A librarian can help you to open an Internet browser such as Microsoft^ Internet Explorer^ and type the URL (the string of letters and slashes beginning http:// or www.) into the Address box near the top of the browser window. When you click Go, you see the web site containing the information. You will find it easy to read information on-line and click on links (usually underlined words) that lead to more information.

Web sites also usually have a search feature. You enter a word or phrase into a search box, and the web site will show you a list of pages within the web site containing those terms. You’ll soon get the hang of it, and will find this an invaluable resource.

Another great search tool is available at www.google.com. Type a few key words and Google will present you with a list of pages that contains them.

Government Web Sites and Other Resources

This section collects the main government web sites and pages referenced throughout this book.

• California

• Department of Social Services: www.dss.cahwnet.gov/cdssweb

• Medi-Cal: www.medi-cal.ca.gov and www.dhs.cahwnet.gov/mcs/MedicalInformation/Med.htm

• Federal

• Social Security: www.ssa.gov

• SSI: www.socialsecurity.gov/notices/supplemental-security-income

• Medicare: www.medicare.gov

• Medicaid: http://cms.hhs.gov/medicaid

• The Social Security Handbook (14^th ed): http://www.ssa.gov/OP_Home/handbook/ssa-hbk.htm

• The POMS manual (described below): http://policy.ssa.gov/poms.nsf

• The text of any Federal Bill can be found here: http://thomas.loc.gov

WorkWORLD Help Pages

An excellent and up-to-date guide to SSI, Medicaid, and other topics can be found at:

• http://www.workworld.org/wwwebhelp.html.

This is a project of Virginia Commonwealth University in cooperation with the SSA. The help pages are provided in support of their software program, which is free and can be downloaded to a computer. The program is described on the web site as follows:

WorkWORLD© is decision support software for personal computers designed to help people with disabilities, advocates, benefit counselors, and others explore and understand how to best use the work incentives associated with the various Federal and State disability and poverty benefit programs. It automates the computation of benefits, and takes into account the complex interaction of income, benefit programs, and work incentives.

About the Program Operations Manual Systems (POMS)

The POMS is a massive, multi-volume manual. It contains the Social Security Administration’s own guidelines on how to interpret and apply the rules in various situations. The POMS helps the SSA in the adjudication and processing of all claims – and it can help you, too.

Consulting the POMS will provide guidelines and advice to help you fulfill the requirements of the many rules. Some guidelines are simple, such as keeping receipts for your expenditures, and some cover unusual situations, and help you conform to the rules.

It can be useful to cite a specific section of the POMS when helping a caseworker to understand your situation.

• The POMS is available as a multi-volume manual. The on-line version of the POMS is available at http://policy.ssa.gov/poms.nsf.

Phone Numbers

Use the following toll-free phone numbers to talk to representatives, order publications, and so on, 24 hours a day:

• Social Security Administration: 1-800-772-1213

• Medicare: 1-800-633-4227

Chapter 2
Welfare in the United States

Americans view the welfare state as a European concept. It does not go well with their ideals of small government, personal freedom and individual responsibility. The idea of a welfare state is seen as a violation of cherished values and an unwelcome claim upon U.S. resources.

The U.S. has been following rigid market economics. Its deregulation produces de-centralization, wages have fallen and employment is lost. Poorly paid service work has replaced middle skill employment. Foreign competitors have taken full advantage of the American policy. It is the American consumers and workers who suffer while the foreign countries get full advantage and are able to provide their people high level of social protection and public amenities.

America lags behind Europe in the size of its welfare payments, the comprehensiveness of its coverage and the spirit in which aid is given. While European administrators try to maximize coverage and minimize the stigma in giving welfare, in America an efficient welfare caseworker is one who can keep chisellers off the roll. The principle of less eligibility is the one that rules—that is, that welfare payments should be much less than what the worker would get working full time at minimum wage. This principle keeps the welfare recipient always on tenterhooks.

American attitude towards the poor has always been more of disgust than of compassion. Americans are not prepared to concede that the suffering of the poor is a problem more of structure of the society than of moral weakness Welfare reformers are motivated by functional reasons, such as the supply of cheap labor and social stability. Moral considerations supersede benevolence. Moreover, to Americans, welfare smacks of communism, which Americans hate.

Welfare rules are very complex. I believe they are deliberately made so. They are needs based. The need is quantified and kept very low. In order to be eligible for welfare, a claimant should not have resources more than $2,000 if he or she is single and $3,000- if he or she is married. People forfeit their month’s welfare if their resources go slightly beyond the prescribed limits. Thus poor people are forbidden from saving a little each month to meet necessary expenses that may arise. Moreover for the last ten years, these limits have not been revised, in spite of annual inflation. More and more people go off the welfare roll because of irrational and unrealistic limits.

Two Branches: Social Insurance and Public Assistance

One of the main problems is that welfare is divided into two branches: Social Insurance and Public Assistance.

Social Insurance is for those who have worked in order to be eligible for it. It is not means-tested. It is dignified and does not carry any stigma. There are no restrictions to keep resources or earnings at a low limit.

Public Assistance, on the other hand, is means- tested. It is humiliating and carries a stigma. Those who receive Public Assistance have to undergo many restrictions. They are second-class citizens and do not enjoy full democratic rights. Caseworkers have a different attitude to the public assistance applicant than they do the Social Insurance applicant.

Social Insurance Benefits

Before you apply for Public Assistance benefits, you must apply for any Social Insurance benefits you are entitled to. In the category of Social Insurance benefits are:

• Social Security

• Unemployment Insurance

• Disability Insurance

• Worker’s Compensation

• Medicare

• Earned Income Credits

See 5 for more details.

Public Assistance Benefits

Public Assistance benefits are a patchwork of different, often overlapping programs. Each may have different eligibility requirements, and programs can vary from state to state. This book provides some helpful guidelines on this topic. The main programs are:

• Supplemental Security Income (SSI)

• Medicaid, which is called Medi-Cal in California

• Food Stamps (Federal, and State)

• General Assistance

• In-home Assistance

• Rent Relief and Housing Subsidies

• Temporary Assistance for Needy Families (TANF)

• Subsidized lunch, meals-on-wheels, and many other miscellaneous benefits

See Chapter 6 for a description of these programs, and the chapters following for more detail on how to determine if you qualify for them.

Work is Worship

Work is Worship may be a platitude elsewhere but in America it is practiced by successful people at all levels. This is praiseworthy. The American Dream is of going from rags to riches. This dream includes a belief that anyone—anyone at all, no matter how poor, unfortunate or disadvantaged—can succeed in life merely by grabbing whatever opportunity comes along and working hard at it.

It is natural for many to genuinely believe that public welfare harms those who receive it more than it helps them. How? A person’s labor, and willingness and ability to work, is his or her own. If government offers poor people welfare, it deprives them of the necessity to work as hard as possible in order to support themselves and their families, that is, to sell their labor in exchange for wages. With that loss people also lose individuality and a sense of initiative; their very independence is gone. Hilaire Bellock termed the welfare state a servile state, where the poor welfare recipients are slaves in the sense that they own nothing but a license to earn a living revocable by someone else.

This may sound a little strange, because American capitalism has broken a moral code, which consists of three promises based on the individual’s willingness to work:

• First any adult willing to work full time deserves a full time job.

• Second, that job should pay enough to lift that person and his or her family out of poverty.

• Third, people should have the opportunity to move beyond this bare minimum by making full use of their talents and abilities.

On these three promises rests almost every aspect of the modern social contract that still survives. Even the moral basis of welfare reforms are based on them.

The war on dependence, the devolution of public authority and the application of market models of public policy hasten the collapse of the welfare program. In a capitalist economy it is necessary that there should be a pool of unemployed workers from which labor may be hired when required. The application of market models of public policy and globalization make capital move to locations of highest profit in a trice. Labor has no such privilege. The corporation, in order to avoid liability, resorts to part-time labor in the education, entertainment, and service sectors. The privatization of welfare would mean that the market would determine benefits available, with the goal of reducing numbers on welfare rolls rather than providing assistance to needy people. It is sad to conclude that the bell tolls for the American Welfare Program.

The Historical Perspective

The eminent historian Paul Johnson in his book A History Of the American People raises some thought-provoking questions:

The creation of the United States of America is the greatest of all human adventures. No other national story holds such tremendous lessons for the American People, themselves and for the rest of mankind. It now spans four centuries and as we have entered the new millennium, we need to retell it, for if we can learn these lessons and build upon them, the whole humanity will benefit in the new age which is now opening.

American history raises three fundamental questions. First, can a nation rise above the injustices of its origin and by its moral purpose and performance atone for them? All nations are born in war, conquest and crime, usually concealed by the obscurity of the distant past. The United States, from its earliest colonial times, won its title deeds in the dispossession of an indigenous people, and the securing of self-sufficiency through the sweat and pain of an enslaved race. In the judgmental scales of history, such grievous wrongs must be balanced by the erection of a society dedicated to justice and fairness. Has the United States done this? Has it expiated its original sins?

The second question provides the key to the first. In the process of nation building, can ideals and altruism-the desire to build the perfect community-be mixed successfully with acquisitiveness and ambition, without which no dynamic society can be built at all? Have the Americans got the mixture right? Have they forged a nation where righteousness has an edge over the needful self-interest?

Thirdly the Americans originally aimed to build an otherworldly “City on a Hill” but found themselves designing a republic of the people, to be a model for the entire planet. Have they made good their audacious claims? Have they indeed proved exemplars for humanity? And will they continue to be so in the new millennium?

Further Reading

Gilens, Martin, Why Americans Hate Welfare, (Chicago UP, 1999)

Katz, Michael B., The Price of Citizenship: Redefining The American Welfare State, (Henry Holt, 2002)

Kronenwetter, Michael, Welfare State America: Safety Net or Social Contract? (Franklin Watts, 1993)

Kuttner, Robert (Ed.), Making Work Pay America After Welfare, (The New Press, 2002)

Johnson, Paul, A History of the American People, (Harper Perennial, 1999)

Annual Statistical Supplement, 2001: Social Security Bulletin, (www.ssa.gov/policy/docs/statcomps/)

McCormick, Harvey, Social Security Claims and Procedures, (West Publishing, 1991)

Chapter 3
Highlights for Immigrants

Because of changes in rules, especially in the late 1990s, it is important to understand how the date of your immigration, the affidavit of support signed by your sponsor, your age, and your disability status affect your eligibility for various welfare programs.

• Go to http://www.bcis.gov/graphics/formsfee/forms/i-864pkg.htm to see form I-864, the Affidavit of Support, and supplementary information.

This chapter contains sections on the following:

• The Impact of Legislation

• Public Charge Rules

• Eligibility for SSI

• Disability and Eligibility for SSI

• Eligibility for CAPI

• Age-Out Protection for Minor Immigrants

• Deeming Period Rules in California

• For all programs, see Table 1 for a summary of basic eligibility requirements and Table 2 for deeming periods.

The Impact of Legislation

This section outlines two important Acts of Congress that affect immigrants, the Welfare Reform Act of 1996, and the Immigration Act of 1996.

• Go to http://www.nilc.org/ciwc/tbls_other-mats/Cal_Bs_Table.PDF for a useful summary of immigrant eligibility for various programs.

• Go to http://www.pai-ca.org/pubs/539001.pdf for another excellent summary of immigrant eligibility requirements for various programs

• This government web site is also current and summarizes the restrictions on immigrants: http://aspe.hhs.gov/hsp/immigration/restrictions-sum.htm

Pre-8/22/96 and Post-8/22/96 Entrants

In this book, you will often find different rules are explained for pre-8/22/96, and post-8/22/96 entrants, and for some transitional groups. This is because of the impact of the Welfare Reform Act and the Immigration Act, explained in greater detail below.

Traditional and New Affidavit of Support

The traditional affidavit of support was not a legally binding agreement. It stated that the sponsor would support the immigrant for 3 years, so the immigrant would not become a public charge. The new affidavit is a legally binding document. It lengthens the sponsorship period from 3 to 5 years.

Post-8/22/96 Entrants whose Sponsors Signed the Traditional Affidavit

Those who arrived in the transitional period, after 8/22/96 but before the end of 1997 are in a special case. This is because their sponsors signed the old affidavit of support. The form for the new affidavit of support was not available until December 19, 1997. The traditional agreement (affidavit of support) requires a 3-year deeming period (instead of the current 5 years) and that agreement wasn’t a binding legal statement (but the current one is legally binding).

Those who are “grandfathered”

Some immigrants fall within the Welfare Reform Act’s grandfather clause. For example, those who arrived before 8/22/96 and received SSI at any time prior to that date remain eligible to receive SSI if they meet requirements, even if they were not receiving SSI on 8/22/96.

The Welfare Reform Act of 1996

The full name of this important Act of Congress is the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105, 104th Cong., 2d Session. (Aug. 22, 1996). But (fortunately) it is better known as the Welfare Reform Act for short.

The main aim of this Act is to encourage those on welfare to return to work. However it also has provisions that specifically affect immigrants:

The law includes provisions that would deny most forms of public assistance to most legal immigrants for five years or until they attain citizenship. The President has said that legal immigrants who fall on hard times through no fault of their own and need help should get it, although their sponsors should take additional responsibility for them (http://www.acf.dhhs.gov/programs/opa/facts/prwora96.htm)

The aim of these provisions is to prevent unscrupulous people from immigrating to the U.S.A with the intention of immediately becoming a public charge. Those who immigrate should have a modicum of independence, and their sponsoring family member should take on responsibility for their welfare for the first few years, until such time as the immigrant can become a citizen of the U.S

Unfortunately, many elderly immigrants have little chance of becoming American citizens, whether because of language difficulties, or disabilities incidental to old age.

The Welfare Reform Act has restricted access of documented immigrants to a wide range of government programs such as food stamps, supplemental security income, Medicaid, Medicare, assisted housing, and educational grants. For example, before passage of the Welfare Reform Act, Supplemental Security Income (SSI) was available to non-citizens who were legally admitted to the United States, once the sponsor deeming period was complete.

• The deeming period is the period during which a sponsor’s income and resources are deemed to be those of the sponsored immigrant for the purpose of determining eligibility for welfare.

Many other changes were introduced by this Act, adding complexity to an already complicated situation.

Various supplementary programs and amendments to the act have made it possible for non-citizens in need to receive some benefits from the government. This is also complex, and varies by state, and in this book I attempt to explain the situation in California. Often caseworkers themselves do not know all the rules that apply to elderly immigrants.

The Immigration Act of 1996

Title V of the Immigration Act changed the deeming rules for immigrants. The deeming period became 5 years instead of three, and the new affidavit of support is legally binding, whereas the old affidavit was not.

The “traditional” affidavit of support used INS form I –134. The “new” affidavit of support uses INS form I-864. The new affidavit of support went into use on December 19, 1997 as a provision of the Immigration Act.

• Go to http://www.bcis.gov/graphics/formsfee/forms/i-864pkg.htm to see form I-864, the Affidavit of Support, and supplementary information

Between 8/22/96 and December 19, 1997, the traditional affidavit of support was used because the new form was not yet ready for use. A grandfather clause covers immigrants who used the traditional affidavit during this period.

Here is an excerpt from Title V of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Pub. L. 104- 208, 110 Stat. 3009 (IIRIRA) (called the Immigration Act for short):

[The Act] contains amendments to the welfare bill, the Social Security Act, and INA [Immigration and Nationality Act] which are directed at limiting aliens' access to public benefits. Proof of citizenship is required to receive public benefits and verification of immigration status is required for Social Security and higher-educational assistance. A transition period (until April 1, 1997) is established for aliens who are currently receiving food stamps.

The requirements for an affidavit of support for sponsored immigrants are tightened and that document is defined as an enforceable contract. The deeming requirements for attribution of a sponsor's income and resources are narrowed (at least 125 percent of the Federal Poverty Line). States are authorized to deem income of the sponsor for the purposes of benefits under means-tested programs, to limit assistance to aliens, and to distinguish among classes of aliens in providing general cash public assistance. Several verification and eligibility requirements are established for receipt of housing assistance or other financial assistance related to housing.

• The above quotations come from this resource: www.immigration.gov/graphics/publicaffairs/factsheets/948.htm

• Go to this web site for more details about the impact on eligibility: www.familiesusa.org/site/DocServer/immigrants.pdf?docID=365

The Balanced Budget Act of 1997

On August 5, 1997, P.L. 105-33, the Balanced Budget Act of 1997, amended the Welfare Reform Act of 1996, and added additional alien eligibility criteria. According to the POMS manual:

The 1997 law also provided that most qualified aliens who were receiving SSI benefits on 8/22/96 would have their alien eligibility (and, as a result, their SSI benefits) continued, provided all other eligibility requirements were met. The alien eligibility of these individuals was “grandfathered.”

• Text taken from http://policy.ssa.gov/poms.nsf/lnx/0500502001

• Go to http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2015.ENR: for more details. Include the closing colon (:).

The term “qualified alien” also known as “qualified immigrant” generally means lawful permanent residents (LPRs).

The Noncitizen Benefit Clarification (etc) Act of 1998

On 10/28/1998, P.L. 105-306, the Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 took effect. As an effect, more aliens whose SSI was discontinued as a result of the Welfare Reform Act were again made eligible, or their continued eligibility was assured:

On 10/28/98, P.L. 105-306, the Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998, further changed the SSI alien eligibility rules by “grandfathering” nonqualified aliens who were receiving SSI benefits on 8/22/96. These were aliens who had been receiving SSI on 8/22/96 based on a determination that they were permanently residing in the U.S. under color of law (PRUCOL).

Further:

Under the new criteria, “qualified” aliens who were lawfully residing in the United States on August 22, 1996, and who are disabled or blind as defined in section 1614(a) of the Social Security Act are eligible for benefits under title XVI (of the Social Security Act) provided all other eligibility requirements are met. Individuals can establish eligibility based on disability or blindness at any age, even on or after attaining age 65.

• Many caseworkers are unfamiliar with these provisions of the law. They assume that those over retirement age are not eligible for disability benefits. In fact, this is true only of those entitled to Social Security benefits.

In addition to qualified aliens, determinations of disability under title XVI also may be needed for other individuals age 65 or older to determine: State supplements in some states (Section 1616 of the Act); Whether the work incentive provisions of section 1619(b) of the Act are applicable; or Appropriate deeming of income and resources (section 1621(f)(1) of the Act; 20 CFR 416.1160, 416.1161, 416.1166a, and 416.1204).

• Go to http://thomas.loc.gov/cgi-bin/bdquery/z?d105:H.R4558: for the full text of the Act. Include the closing colon (:).

Public Charge Rules

When you immigrate, your sponsor promises that you will not become a public charge during the deeming period – that is, that you will not come in the country and immediately use up the country’s welfare resources. A prospective immigrant who is likely to become a public charge is not admissible to the United States.

This provision particularly affects California because it is a home to one third of all immigrants. According to 2000 census report, the population of North America is a little more than 280 Millions, out of which the share of California is 34 Millions. The share of Asian Indians is 0.315 Millions. On the basis of the National Average of 12 percent, the elderly population of Indian immigrants would be about 40 thousand.

• Did you know that after 15 years of residency, you are exempt from the English language requirement for citizenship?

What is “Cash Assistance?”

For the purpose of determining who is a “public charge,” cash assistance for income maintenance includes CAPI, SSI, TANF, but does not include supplementary cash benefits excluded from the term “Assistance” under TANF program rules, or any non-cash benefits and services provided by the TANF program.

Receipt of Medi-Cal Benefits – Not a Public Charge

It is important for you to clearly understand that receipt of Medi-Cal is not considered a public charge. Therefore, if you cannot afford to purchase private health insurance – and this is very likely if you are an elderly person because it is hard to come by and expensive – you can and should apply for Medi-Cal coverage. You can apply as soon as you have status with the BCIS. No one should be without basic health care!

Other Programs Not Considered Public Charges

You can also receive the following benefits without being considered a public charge:

• Children Health Insurance Program (CHIP)

• Nutrition Program including Food Stamps

• Housing assistance

• Children’s services and energy assistance

• Education assistance

• Job training program

• In-kind community based program

Eligibility for SSI

For the most part, only citizens are eligible for SSI. Non-citizens have been excluded by various legislative actions. Read this section to understand if you are eligible or not. If you are not eligible because of your immigration status, you may be covered by CAPI, which is explained after SSI.

• Rules for non-citizens: www.ssa.gov/pubs/11051.html

• http://www.socialsecurity.gov/notices/supplemental-security-income/spotlights/spot-non-citizens.htm

• http://aspe.hhs.gov/hsp/immigration/restrictions-sum.htm

• If you are eligible for SSI except for immigration status, you are also eligible for Medi-Cal. Those with more income are also eligible for some Medi-Cal programs. It is important to have health insurance!

Categories of Eligible Immigrants

As a non-citizen, you are eligible for SSI only if you meet all income and resource eligibility criteria and you fall in any of these categories:

• You are a pre-8/22/96 entrant, and you were over 65 before 8/22/96 (Grandfather clause).

• You are a pre-8/22/96 entrant, you were not 65 when you arrived, and you became disabled after you arrived in the U.S.

• You are a post-8/22/96 entrant, but you signed the traditional affidavit, and the 3-year deeming period is complete, and you became disabled after arriving in the U.S.

• You are fully insured (40 credits) and have completed 5 years residency. The amount of your insurance will be small. You are eligible for SSI to supplement your SS. See following sections for more on this topic.

• See “Disability and Eligibility for SSI” for more information on the disability criterion, which can greatly help many elderly immigrants to qualify for needed benefits.

Those Who Are Fully Insured (Have 40 Credits)

• Under a recent ruling, if you are a non-citizen and are fully insured, you are eligible for SSI.

If you are fully insured, you qualify for Social Security. To be fully insured, you need 40 credits, also known as quarters. One credit is given for each quarter (three month period) worked, or for a certain amount in income, regardless of when earned. You don’t have to be a citizen to be eligible for Social Security.

Counting credits for the purpose of determining SSI eligibility has a few extra rules, which are given in the next section.

If the amount of the Social Security payment is small, you can get SSI to supplement it if you are otherwise eligible.

For those who arrived (and obtained status with the BCIS) before 8/22/96, there is no exclusion period (because the three year deeming period is complete). If you arrived after 8/22/96, you are not eligible for this SSI supplement until 5 years after your entry to the U.S. as a qualified alien.

How to Count Credits for SSI Eligibility

Effect of Cash Welfare Benefits on Counting Credits for SSI

Any quarters (after 8/22/96) during which you or anyone in your immediate family received any cash welfare benefit are not counted as qualifying quarters for SSI eligibility. (They do, however, count for Social Security eligibility.) Cash welfare benefits include: SSI, Medicaid (but NOT Medi-Cal), Food Stamps, and TANF. Medi-Cal does not count because it is not a cash benefit. In some states, Medicaid is provided as a cash benefit.

Combining Credits for SSI Eligibility

As usual, the details of the rules are complex, but these are the general guidelines that cover most cases.

You can combine credits with those of your spouse to come up with the 40-credit minimum for SSI eligibility. (You can’t combine credits for any other reason.) For example, if you have 19 and your spouse has 21, you are both considered to have 40 credits, for the purposes of assessing your SSI eligibility. You can combine credits with a deceased spouse’s credits (but not a divorced spouse’s credits). You can even combine your credits with a deceased spouse’s credits and those of your current spouse if you remarried.

At any age, you can also combine your credits with credits earned by your parent (including an adoptive parent) while you were under 18. This is true even if your parent is now deceased. The rule applies to stepparents as long as the marriage has not been annulled or dissolved and your stepparent was married to your parent when the credits were earned.

You can combine credits with those of your spouse and your parent (as specified above) to reach the 40-credit threshold.

Disability and Eligibility for SSI

As explained in the section the section “Categories of Eligible Immigrants”, most non-citizens are not eligible for SSI. However, some exceptions are made for immigrants who signed the traditional affidavit and who became disabled after 8/22/96.

• Based on the government definition of disability, most elderly people are considered disabled. Therefore many elderly immigrants who are otherwise eligible can receive SSI, as well as Medi-Cal.

“But I’m Not Disabled!”

The SSA does not define disability in the ordinary way. The SSA defines disability simply as the inability to work continuously for 12 months.

You may think that you have to be bedridden to be considered disabled. This is not so. Do not judge for yourself whether you are disabled. Your personal pride may get in the way. You may not consider yourself to be a disabled person, but under government definitions, you may qualify for SSI benefits because of disability.

• And, perhaps even more importantly, if you qualify for SSI, you qualify for Medi-Cal.

For example, bad eyesight itself is not a disability, unless you are determined to be legally blind. Deafness by itself is not considered a disability. However, if you have both very bad eyesight, and are very hard of hearing, you may be considered as disabled for work.

• To qualify as a disabled person, you need medical certification. When you apply for disability benefits, you will receive a medical examination at no charge to yourself to determine your disability.

You can also claim disability if you cannot speak English, because illiteracy (in English) is considered a disability, especially in combination with another disability.

If you have certain ailments – the SSA maintains a list of these ailments – you are automatically considered disabled. For example, extremely obese people are considered disabled.

So it’s worth your time to find out if you are in fact disabled, in the government’s sense of the word.

The SSA Definition of Disability

Here are some excerpts from the Social Security Act so you can read in the government’s own words how they define disability:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

• The text can be read here: http://www.ssa.gov/OP_Home/ssact/title16b/1600.htm

How Disability is Evaluated in the Elderly

What the below rules boil down to is that when evaluating disability in individuals age 65 or older, the older the individual, the more likely it is that they will be determined to be disabled, with little or no scrutiny. Here is an excerpt from the SSA ruling on the subject:

In general, the regulations and procedures for determining disability for adults under title XVI of the [Social Security] Act who are under age 65 are used when determining whether an individual age 65 or older is disabled.

Adjudicators are required to consider any impairment(s) the individual has, including those that are often found in older individuals.

If an individual age 72 or older has a medically determinable impairment, that impairment will be considered to be “severe.”

If the individual's impairment(s) prevents the performance of his or her past relevant work (PRW), or, if the individual does not have PRW, the adjudicator must consider two special medical-vocational profiles showing an inability to make an adjustment to other work . .

Generally, adjudicators should use the rules for individuals age 60-64 when determining whether an individual age 65 or older can perform other work.

Beginning at age 65, age is considered to be a factor that imposes greater limits on vocational adaptability for individuals who retain the functional capacity to perform medium work. If illiteracy in English or the inability to communicate in English further limits such an individual's vocational scope, a finding of “disabled” is warranted unless the individual's PRW was skilled or semiskilled and provided the individual with transferable skills.

Some individuals age 65 or older may not understand, or be able to comply with, our requests to submit evidence or attend a consultative examination (CE). Therefore, adjudicators must make special efforts in situations in which it appears that an individual age 65 or older may not be cooperating.

• The text can be read here: http://www.ssa.gov/OP_Home/rulings/ssi/02/SSR99-03-ssi-02.html

Becoming Certified as Disabled

It can take a long time to become certified as disabled, generally six months. The examination and the screening are thorough.

The screening is based on qualifying younger people as disabled. Caseworkers often do not know that it is much more simple for an elderly person to be certified as disabled. The rules state that after age 65, and even more so after age 72, most people can be considered disabled on account of age.

• If you are in great need of the benefits and the delay is causing you difficulties, one way to shorten the lengthy assessment period is to appeal even before the 6 months are up. The judge will often give a ruling in your favor because the lengthy assessment is not generally required of elderly disabled people.

You may have to prove that you became disabled after arriving in the U.S. You can cite the results of the medical examination you underwent during the immigration procedure. This is weak evidence, but it may be sufficient.

Difference Between Disability Under SS and SSI

If you are under 65, and you are working and are fully insured, and become disabled, then you can get disability under either Social Security or SSI. There are differences between the two programs that you should consider before applying.

Disability under Social Security

If you apply for disability through Social Security, your resources and income are not counted.

However, you receive no benefits for 5 months (then you receive the benefits retroactively). Perhaps more importantly, you do not receive Medicare benefits for 18 months after you are certified as disabled. (And one assumes you do not qualify for Medi-Cal because of your resources.)

Disability under SSI

You can apply for SSI even if you are working. You must be eligible for SSI based on your immigration status and your resources. (See “Spending Down Rules” for some legitimate ways you can reduce your resources.)

The advantage of this program are that you do not have to wait for 5 months before you begin to receive benefits, and you can immediately receive Medi-Cal.

Eligibility for CAPI

• Go to http://www.nilc.org/ciwc/ciwc_ce/CAPI.htm for a good summary.

The state of California Cash Assistance Program for Immigrants (CAPI) program aims to meet the needs of qualified immigrants who would otherwise be eligible for SSI but are not eligible because of their immigrant status.

CAPI uses the same eligibility rules as SSI, and mostly uses the same deeming rules. As a non-citizen and a legal immigrant, you are eligible for CAPI only if you meet the SSI income and resources criteria but are not eligible because of your immigration status – and you fall in any of these categories:

• You are a pre 8/22/96 entrant. Such entrants were eligible after the 3-year deeming period. This affects only those who were not eligible for SSI before 8/22/96, or at the current time.

• You are a post 8/22/96 entrant, but you signed the traditional affidavit (which was used through 1997) and you became disabled after arriving in the U.S, and the 3-year sponsor deeming period is complete (which, of course, it is by now).

• You are a post-8/22/96 entrant, you signed the new deeming agreement, and the 10-year CAPI deeming period is complete.

• You are a post-8/22/96 entrant, you signed the new deeming agreement, and the 10-year CAPI deeming period is NOT complete, but your sponsor has become disabled.

• You are a post-8/22/96 entrant, you signed the new deeming agreement, and the 10-year CAPI deeming period is NOT complete, but your sponsor or sponsor’s spouse is abusive.

• You would go hungry or be homeless without this benefit.

If you are disabled and otherwise eligible for CAPI, agency officers may disregard the sponsor deeming on a discretionary basis, especially if you have completed 5 years residency. The rules are complex.

• You are considered likely to go "hungry or homeless" if the income you actually receive is less than the federal SSI benefit rate. This exception does not apply if you receive free room and board.

Age-Out Protection for Minor Immigrants

President Bush on August 6^th 2002 signed the Child Status Protection Act. This new Law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of BCIS processing delays.

Prior to the passage of this Law, child eligibility to receive a visa or to be part of his or her parent’s application was based on the child’s age at the time that the alien relative petition was approved, not the time the petition was filed.

Because of enormous backlogs and processing delays many children turned 21 before the BCIS (then called the INS) adjudicated the petition. In such cases the child “ aged-out” and was ineligible to receive an immediate relative visa or was no longer considered to be part of the parent’s application. The child’s petition was either automatically moved to a lower preference category or the child was required to submit his or her own petition, resulting in years of delays and possible ineligibility.

The Act provides that the determination whether an unmarried alien or daughter of a US citizen is considered an immediate relative child (under 21 years of age) is based on the age of the alien at the time the petition for alien relative (Form 1-130) is filed on his or her behalf rather than on the date the petition is adjudicated as was the case under the prior law.

The Law makes similar determinations in the case of permanent resident parents who subsequently naturalize after having filed petitions for their sons or daughters, and citizen parents who filed petitions for married sons or daughters where sons and daughters later divorce. In the former case, the age determination will be made at the time of the parent’s naturalization. In the latter the Alien beneficiary’s age will be determined as if the date of his or her divorce.

For the children of legal permanent residents, or those who are accompanying or following to join on a petition for an immigrant visa; their eligibility will be determined based on the date that a visa becomes available to them but only if they seek to acquire permanent resident status within one year of such availability.

In addition the new Law provides age-out protection to alien children who accompany or follow to join parents who have filed for asylum or refugee status.

Finally the new law provides that the family sponsored petition of an unmarried alien son or daughter whose permanent resident parent subsequently becomes a naturalized Us citizen will be converted to a petition for an unmarried son or daughter of a US citizen, unless the son or daughter elects otherwise.

Deeming Period Rules in California

Under the deeming rules, the income and resources of an immigrant’s sponsor (and the sponsor’s spouse) are added to those of the immigrant in determining the immigrant’s eligibility for benefits. Deeming rules often render an immigrant “over income” for a benefit, but if the sponsor income is very low, the immigrant may still qualify.

The deeming rules used depend partly on whether the immigrant’s sponsor signed the “traditional” affidavit of support (INS form I –134) or the “new” affidavit of support (INS form I-864). The new affidavits of support went into use on December 19, 1997 as a provision of the Immigration Act.

Some immigrants who entered the U.S. after that date have an old affidavit on file and that affidavit is used for deeming purposes.

• Go to http://policy.ssa.gov/poms.nsf/lnx/0500502200 for the official explanation of the old and new sponsor deeming rules.

Deeming generally does not apply to immigrants who are required to have an affidavit of support on file, e.g., refugees, asylees, parolees, and battered spouses or children who file a “self-petition” for an immigrant visa.

Table 1 Eligibility for Major Benefits Program in California

* Qualified Immigrants are (1) lawful permanent residents (LPRs), Including Amerasian immigrants; (2) refugees, asylees, persons granted withholding of deportation, conditional entry (In effect prior to Apr. 1, 1980), or paroled for at least one year; (3) Cuban/ Haitian entrants; and (4) battered spouses and children with a pending or approved (a) self-petition for an immigrant visa, or (b) immigrant visa filed for a spouse or child by a U.S citizen or LPR, or (c) application for cancellation of removal/ suspension of deportation, whose need for benefits has a substantial connection to the battery or cruelty. Parent/ child of such battered child/ spouse are also qualified. Victims of trafficking (who are not included in the “qualified” immigrant definition) are eligible for all benefits funded or administered by federal agencies, without regard to their immigration status.

* Not qualified immigrants include all non-citizens who do not fit within the “qualified immigrant” categories.

* Must have been lawfully residing in the U.S. on Aug 22, 1996

* LPRs can earn credit if they have worked 40 qualifying quarters. Immigrants also get credits towards their 40 quarters for work performed: (1) by parents when the immigrant was under 18; and (2) by spouse during the marriage (unless marriage ended in divorce or annulment). No credit is given for quarter worked after Dec. 3, 1996 if a federal means-tested benefits (SSI, Medi-Cal, food stamps, Cal Works or Healthy Families was received in that quarter.

* Qualified immigrants with disabilities, who were not lawfully present in the U.S on Aug. 22, 1996, are also eligible for CAPI.

During the deeming period, a sponsor’s income/ resource may be added to the immigrant’s in determining eligibility. See Table 2.

Table 2 Deeming Periods for Traditional and New Affidavits

Chapter 4
More Important Highlights

This chapter highlights some important general points that apply to any welfare applicant. It contains sections on the following:

• The Importance of Reporting Honestly

• How to Obtain Your Records

• Contacting Your Congressperson

• Living Arrangement Guidelines

• “In-Kind” Assistance Guidelines

• Keep your Medi-Cal Coverage

The Importance of Reporting Honestly

As the Chinese wise men say, if you don’t want anybody to know it, don’t do it,

You must give a full account of all your income and resources in any part of the world when applying for welfare. Some resources are exempt, for example those you cannot liquidate for legal reasons. However, you must report them all.

• You must report any changes in your living conditions within 10 days, especially when the changes are likely to have any effect on eligibility for SSI.

Interchange of information between SSA, BCIS, IRS

The Welfare Reform act includes these provisions:

• Federal and State entities are required to notify the Bureau of Citizenship and Immigration Services (BCIS, formerly known as the Immigration and Naturalization Service or INS) of any non-citizen that the entity knows is not lawfully present in the U.S.

• Similarly the Agency, later on, may make use of available technology and find out details of the income and resources of the welfare claimant/recipient not only in USA but also in any part of the world.

• SSA has published notice that it will begin computer matching with the IRS to identify sources and amounts of unearned income reported to the IRS by SSI applicants and beneficiaries.

SSA Can Reopen and Revise a Decision

An SSI determination or decision is binding unless an appropriate appeal is filed within the required time period or it is subsequently reopened and revised. If the Social Security Administration finds good cause for reopening the case (that is, making an appeal) it can do it:

• Within twelve months of the date of the notice of the initial determination for any reason

• Within two years of the date of the notice of the initial determination, if the Agency finds Good Cause for reopening the case

• At any time, if the decision was obtained by fraud or similar fault

Similar Fault

There may not be any intention to defraud but if it is established that the recipient knowingly did something wrong, the Social Security Agency can determine what is known as similar fault and reopen a prior SSI determination. Though not frequently used, it is available. The definition of “similar fault” is given as follows on an SSA web site:

“Similar fault” exists when an SSI recipient or other person knowingly makes an incorrect or incomplete statement that is material to the determination for SSI payments or knowingly conceals information that is material to the determination of eligibility or amount of SSI payments. It differs from fraud in that fraudulent intent is not required. Unlike fraud, the intent to wrongfully procure (or increase) benefits need not be established.”

• www.ssa.gov/OP_Home/rulings/ssi/07/SSR85-23-ssi-07.html

Penalties

If you do not comply honestly with the requirements of the SSA, you will be penalized.

Penalty of Non-Payment for False or Misleading Statements

The Foster Care Independence Act (December 14 1999) added a new penalty of non-payment of SSA/SSI benefits for individuals found to have knowingly made a false or misleading statement or to have omitted a material fact for use in determining eligibility. The new statutory provision applies to statements made on or after December 14, 1999.

The period of non-payment is 6 months for the first incident, 12 months for the second, and 24 months for the third or subsequent incident.

Congress passed this provision to penalize individuals who have provided false or misleading information to the SSA in order to qualify for benefits. However it is provided that Medi-Cal and Medicare benefits are not affected:

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